[2025:RJ-JP:23236] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4356/2025 Mohammad Najar S/o Sitab, Aged About 50 Years, R/o Mungaska, Police Station Pahadi, District Deeg. (At Present Confined In Sub Jail, Deeg, District Deeg). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Mohd. Shakir Khan For Respondent(s) : Mr. Shree Ram Dhakar, PP Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/06/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 88/2025 registered at Police Station Sikari District Deeg for the offence(s) under Section 5/8 of RBA Act. 2. Learned counsel for the accused-applicant has submitted that the applicant is sole bread earner of the family and is aged approximately of 50 years. It is further submitted that applicant is behind the bars ever since March, 2025 and the charge-sheet has been filed in the matter. However, the trial will take time. It is assured that if the applicant is enlarged on bail, there will be no apprehension that witnesses or evidences will be tampered with. Further, it is submitted that the antecedents registered against the applicant pertain to offence committed prior to the year 2017 and [2025:RJ-JP:23236] (2 of 3) [CRLMB-4356/2025] under different nature of crime. It is further submitted that allegation leveled are false and fabricated. 3. Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that approximately 10 criminal antecedents are pending against the applicant. It is further submitted that applicant is a habitual offender. 4. Considering the arguments advanced by the counsel for the parties, and taking note of the fact that charge-sheet has been filed; that the accused-applicant is sole bread earner of the family; that there is a scope of reformation; considering period of custody and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-applicant and enlarge him on bail. 5. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that accused-applicant Mohammad Najar S/o Sitab shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. Furthermore, taking note of the criminal antecedents registered against the accused-applicant, as an extended interpretation of the provisions of 'community service' as enshrined under the Bhartiya Nayay Sanhita, and as a reformative approach to re-include the accused-applicant back in the society with a better vision, aim and zeal in life, this court deems it fit to impose an ancillary condition upon the applicant, therefore, it is directed that the accused-applicant shall contribute [2025:RJ-JP:23236] (3 of 3) [CRLMB-4356/2025] to the Swach Bharat Abhiyan – initiative of the government, for a period of two months from the date of enlarging on bail, on two hours per day basis, as an honorary work, under the supervision and directions of the SHO qua the FIR (Supra) in consonance with the directions of the Municipal Corporation/Local Administrative authorities concerned. (SAMEER JAIN),J JKP/58